UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7948
RONNIE VAUGHAN,
Petitioner - Appellant,
versus
GREENSVILLE CORRECTIONAL CENTER,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CA-03-628-AM)
Submitted: April 29, 2004 Decided: May 4, 2004
Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronnie Vaughan, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ronnie Vaughan seeks to appeal the district court’s order
dismissing without prejudice his 28 U.S.C. § 2254 (2000) petition
for failure to exhaust state remedies. An appeal may not be taken
from the final order in a habeas corpus proceeding unless a circuit
justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). When, as here, a district court dismisses a
§ 2254 petition solely on procedural grounds, a certificate of
appealability will not issue unless the petitioner can demonstrate
both “(1) ‘that jurists of reason would find it debatable whether
the petition states a valid claim of the denial of a constitutional
right’ and (2) ‘that jurists of reason would find it debatable
whether the district court was correct in its procedural ruling.’”
Rose v. Lee, 252 F.3d 676, 684 (4th Cir. 2001) (quoting Slack v.
McDaniel, 529 U.S. 473, 484 (2000)). We have independently
reviewed the record and conclude that Vaughan has not made the
requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 336
(2003). Accordingly, we deny a certificate of appealability and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
DISMISSED
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